WIMBUSH v. CITY OF PHILADELPHIA et al

Filing 8

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS DENIED WITH RESPECTS TO COUNTS III, AND IV. COUNTS I, II, V, AND VI ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 5/5/2017. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/12/2017. 4/13/2017 ENTERED AND COPIES E-MAILED.(kp, ) (Main Document 8 replaced on 4/13/2017) (kp, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GARY WIMBUSH,
Plaintiff,
CIVIL ACTION
No. 16-05783

v.
CITY OF PHILADELPHIA, et al.
Defendants.
ORDER

AND NOW, this 12th day April, 2017, after consideration of Defendants’ motion
to dismiss, (ECF No. 2), it is hereby ORDERED that the motion is GRANTED in part
and DENIED in part. The motion is DENIED with respect to Counts III and IV.
Counts I, II, V, and VI are DISMISSED without prejudice. Plaintiff may file an
Amended Complaint on or before May 5, 2017.

BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.